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HomeMy WebLinkAbout2019-11-19; City Council; ; Settlement of the Workers' Compensation claim of Patrick Fanene for $58,290.~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Nov. 19,2019 Mayor and City Council Scott Chadwick, City Manager Donna Hernandez, Human Resources Manager donna.hernandez@carlsbadca.gov or 760-602-7533 CA Review 0vv Subject: Settlement of the Workers' Compensation claim of Patrick Fanene for $58,290. Recommended Action Adopt a Resolution authorizing settlement of the Workers' Compensation claim of Patrick Fanene for $58,290. Executive Summary The claimant is a former City of Carlsbad police corporal. Mr. Fanene sustained work related illnesses and injuries in the course of his employment resulting in permanent disability. Pursuant to Resolution No. 2015-086, settlements over $50,000 require City Council approval. Discussion The terms and conditions of the proposed settlement are set forth in the Request for Settlement Authority (on file in the Human Resources Department). The terms and conditions were agreed upon by the claimant and the city, and have been recommended by AdminSure Inc., the city's workers' compensation third party administrator. Fiscal Analysis The cost of the settlement is $58,290. There are sufficient funds available in the Workers'· Compensation Self-Insurance Fund to cover the cost of this settlement. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment; and therefore, does not require environmental review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution. Nov. 19, 2019 Item #2 Page 1 of 2 RESOLUTION NO. 2019-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM OF PATRICK FANENE FOR $58,290. WHEREAS, AdminSure Inc., the city's third party administrator, has recommended a settlement of the Workers' Compensation claim of Patrick Fanene; and WHEREAS, all parties have agreed to settle this claim before the Workers' Compensation Appeals Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the expenditure of $58,290 from the Workers' Compensation Self-Insurance Fund is authorized for the settlement of said claim. 3. That the City Council approves the Request for Settlement Authority on file in the Human Resources Department. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of November 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. (SEAL) Nov. 19, 2019 Item #2 Page 2 of 2